Wellington polo mogul seeks end to house arrest before new trial

The judge in John Goodman's DUI manslaughter case said Friday he'll rule sometime next week on whether to grant the Wellington polo mogul's request for freedom from house arrest and 24/7 police guards.

Prosecutors argue Goodman, 49, has enough motivation and money to escape the country since his DUI manslaughter conviction and 16-year prison sentence was thrown out May 3 because of misconduct by juror Dennis DeMartin.

"The risk of flight is substantially increased," said Chief Assistant State Attorney Alan Johnson, asking Palm Beach County Circuit Judge Jeffrey Colbath to keep the tight restrictions he imposed under a $7 million appellate bond. "The defendant has the means to flee."

During a 20-minute hearing, the judge questioned whether Goodman's circumstances in winning a new trial now justify removing his ankle monitor and restoring the $100,000 bail in place before the first trial in March 2012.

Johnson advised Goodman's guilty verdict was overturned only because DeMartin violated court rules, not because the facts and evidence were in doubt. Colbath said he's reviewing how other courts have handled such bail situations.

While the defense insists there's no risk from easing Goodman's constraints, attorney Doug Duncan also revealed a potential new strategy as the case moves toward the new trial.

Duncan cited an April 17 U.S. Supreme Court decision on the taking of blood samples from drunk driving suspects, which could have implications on whether blood test results from Goodman still can be entered as evidence.

In a Missouri case, the nation's high court ruled 8-1 that police officers usually must have a search warrant before requiring a suspected driver to have his blood drawn.

The justices said the Fourth Amendment's ban on "unreasonable searches" means police need a warrant before invading an individual's privacy by taking blood, unless there is an emergency.

Goodman initially declined to give a blood sample after the crash at about 1 a.m. Feb. 12, 2010, when authorities say he ran a stop sign and smashed his speeding Bentley convertible into Scott Wilson's Hyundai, at the intersection of 120th Avenue and Lake Worth Road in Wellington. Wilson's car flipped into a canal, where the 23-year-old engineering graduate drowned.

Goodman relented to a blood test only after a deputy told him he had probable cause to draw blood forcibly, according to arrest records. The deputy drew blood samples at about 4 a.m., three hours after the crash. That showed a blood alcohol level of .177, more than double the .08 legal limit.

That was the equivalent of having nine or 10 drinks in his system, testified a forensic toxicology expert from the Palm Beach County Sheriff's office. The expert said the level was higher during the crash.

Goodman, founder of International Polo Club Palm Beach and heir to a Texas air-conditioning fortune, walked away from the crash and said he drank liquor in a "man cave" afterward to dull the pain of a broken wrist. The defense also argued Goodman's car malfunctioned.

But the jury convicted Goodman on March 23, 2012, setting in motion a series of challenges and appeals.

Before Goodman's May 2012 sentencing, juror DeMartin released a self-published book about the trial titled "Believing in the Truth." He revealed he drank three vodkas in an experiment to assess how impaired Goodman might have been during the crash.

Colbath found DeMartin committed misconduct but said the test didn't affect the verdict. But two months ago, defense lawyers got ahold of DeMartin's latest self-published book. In it, DeMartin wrote an ex-wife was once arrested for DUI.

DeMartin never disclosed that during jury selection. when prospective jurors where asked if they or any close friends or family members had been charged with a crime.

Goodman's attorneys argued this proved DeMartin intentionally lied to get on the jury for the high-profile case. Judge Colbath agreed the "cumulative effects of DeMartin's antics" justified tossing the conviction.

DeMartin, 69, has been ordered to appear at a May 30 arraignment hearing on a misdemeanor charge of indirect criminal contempt. His attorneys have blasted prosecutors and filed motions seeking dismissal of the charge.

Goodman, meanwhile, has a major change in his high-powered defense team. Colbath on Friday discharged attorneys Roy Black, Mark A.J. Shapiro and Joshua Dubin, who last week said they had completed their work for Goodman.

Long-time defense attorney Scott Richardson is now representing the polo mogul, along with Guy Fronstin and Duncan, who said Friday, "The mantle of innocence is back with Mr. Goodman."